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2020 (9) TMI 109 - HC - Indian LawsGrant of anticipatory bail - guilty and convicted under Section 138 r/w.142 of Negotiable Instruments Act - HELD THAT:- A perusal of the case records indicates that after suffering conviction at the hands of the trial Court and the same being confirmed by the appellate Court the petitioner herein preferred Crl.R.C.No. 2012 of 2002. On 19.12.2006 Hon'ble Justice A.Selvam (as he then was) after discussing the facts of the case, has expressed his opinion that the sentence of imprisonment in default of payment of fine cannot be imposed since the conviction is under Section 138 of the N.I, Act, which does not provided Sentence of imprisonment in default of payment of fine. So taking into consideration the provisions under the Criminal Procedure Code, particularly Section 30, the learned Single Judge has requested the Registry to place the papers before the Honourable Chief Justice to post the matter before the larger bench to decide the case. It is absolutely correct that there is no revision pending before the High Court on the day when the complainant filed miscellaneous petition in Crl.M.P.No. 4295 of 2018 seeking to issue Non Bailable Warrant to secure the convict - Since the criminal prosecution has crossed the stage of trial, appeal and revision and reached the finality, the person who is found guilty have no right to file anticipatory bail petition for modification invoking 438 of Cr.P.C, the representation made across the bar and in the anticipatory bail petition that Crl.R.C is pending before this Court is factually not correct. The anticipatory bail petition is liable to be dismissed.
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